Resolution Number 02-06-18-11RESOLUTION NO. 02-06-18-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS
THE BELFORD TERRACE LANDSCAPE MAINTENANCE DISTRICT AND
THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE
PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT
WHEREAS, the City Council of the City of San Juan Capistrano, California, at this
time proposes to initiate proceedings for the formation of and levy of annual assessments
within a special assessment district pursuant to the terms and provisions of the
"Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and
Highways Code of the State of California (the 1972 Act"), Article XI IID of the Constitution
of the State of California ("Article XI I ID") and the Proposition 218 Omnibus Implementation
Act (Government Code Section 53750 and following) (the "Implementation Act") (the 1972
Act, Article XIIID and the Implementation Act are referred to collectively as the
"Assessment Law"), in what is known and designated as BELFORD TERRACE
LANDSCAPE MAINTENANCE DISTRICT (the "Assessment District");
WHEREAS, there has been submitted for approval a map designated by the name
of this Assessment District, generally showing the area and property to be assessed in
such Assessment District;
WHEREAS, at this time the City Council desires to initiate proceedings to consider
the formation of such Assessment District and to provide for the levy of assessments for
the next ensuing fiscal year to provide for the construction, operation, servicing and
maintenance of landscape improvements and appurtenant facilities within the proposed
Assessment District; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby
RECITALS
SECTION 1. The above recitals are all true and correct.
PROPOSAL TO FORM ASSESSMENT DISTRICT
SECTION 2. The City Council hereby proposes to form a special Assessment
District and to provide for the levy of annual assessments within such proposed
Assessment District pursuant to the provisions of the Assessment Law, such Assessment
District to be designated as BELFORD TERRACE LANDSCAPE MAINTENANCE
DISTRICT.
06-1&-02
SECTION 3. The public interest and convenience requires, and the City Council
does propose at this time to initiate proceedings for the formation of a special Assessment
District , to levy and collect assessments to pay the annual costs and expenses for the
construction, operation, servicing and maintenance of landscape improvements and
appurtenant facilities, including but not limited to, personnel, electrical energy, utilities such
as water, materials, contracting services, and other items necessary for the satisfactory
operation of these services described as follows: Landscaping and Appurtenant Facilities,
including planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalks and
appurtenant facilities, within the public right-of-way or public easements within and
adjacent to Tract 9382.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 4. The improvements to be maintained provide a special and direct
benefit to the property and parcels of land within the boundaries of the Assessment District.
For a general description of the area and boundaries of such proposed Assessment
District, reference is made to a map of the Assessment District showing the boundaries of
the proposed Assessment District and lands and property to be assessed to pay the costs
and expenses of the proposed maintenance work designated as "BELFORD TERRACE
LANDSCAPE MAINTENANCE DISTRICT" is hereby submitted, and the same is hereby
approved and adopted. Such map shall remain on file in the Office of the City Clerk with
the transcript of these proceedings and be open for public inspection.
ASSESSMENT ENGINEER'S REPORT
SECTION 5. The improvements proposed to be maintained are hereby referred to
HARRIS & ASSOCIATES, ASSESSMENT ENGINEER, who is hereby directed to make
and file the Assessment Engineer's Report, as required by the provisions of the
Assessment Law generally containing the following:
A Plans and specifications describing the general nature, location, and extent
of the improvements to be maintained and the extent of the maintenance
work;
B An estimate of the cost of the maintenance of the improvements for the
Assessment District for Fiscal Year 2002-2003;
C A diagram for the Assessment District, showing the area and properties
proposed to be assessed;
D An annual assessment for Fiscal Year 2002-2003 of the estimated costs of
the pay the annual costs and expenses for the construction, operation,
servicing and maintenance of landscape improvements and appurtenant
facilities, assessing the net amount upon all assessable lots and/or parcels
from such improvements.
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SECTION 8. The City Clerk of the City shall certify the adoption of this Resolution,
and thenceforth and thereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 18th day of June 2002.
ATTEST:
MA G T R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-06-18-11 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 18th day of
June 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Gelff and Mayor
Bathgate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MBERS: None
:�Q �jU l2( -Com.
MA CARET R. MONAHAN, City Clerk
06-18-02